Tell the Truth? Identifying Common Sources and Types of Advice Juvenile Defendants Receive When Pleading Guilty to Their First Offense

In the juvenile justice system, youth are influenced by a variety of sources – parents, lawyers, police officers, other legal actors, and even peers play a role in a young defendant’s plea decision process. To better understand different factors that influence youth plea decision-making, Fessinger and colleagues (2024) examined the role of advice on juvenile defendants’ plea decisions.

Researchers interviewed 1,216 boys between the ages 13 to 17 who were involved with the juvenile justice system. To qualify for this study, the adolescents had to be within 6 weeks of their disposition hearing for their first arrest. In the interviews, researchers found that most youth pled guilty to the charges, but only 28% got advice about doing so. The most common source of advice to the youths was from their defense attorney and parents (both 37%), followed by their peers (13%). The adolescents were told about 50% of the time to tell the truth, and about a third were told to admit that they were guilty to get a lesser sentence. This study also discussed the different types of patterns seen in the advice provided. Most of the advice discussed in the interviews related to plea decisions. Many of these participants, who claimed to be innocent, were advised to plead guilty for a lesser sentence. It is for this reason that some see plea deals as unjust because it is problematic that an innocent person’s best option is to accept a punishment they do not deserve. 

The research conducted in this study is important because youth being processed through the juvenile justice system need an advocate. The study discussed how the youth fall behind when navigating the justice system because of a lack of understanding of constitutional rights, legal knowledge, and experience. These variables put adolescents at a disadvantage, and therefore, it is important to educate the youth and allow extended time for proper legal advice. It is required that anyone being processed through the criminal justice system make “competent, knowing, intelligent, and voluntary decisions” (Fessinger et al. 2024). In order for the youth to meet these decision-making standards, the juvenile criminal justice system must provide them with adequate help throughout the process. An extensive understanding of the process, along with timely, efficient advice, can help the defendant feel more confident when reviewing a plea deal.